Estate Litigation

Involving the PGT in Guardianship and Estate Matters

Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and […]

Capacity, Capacity Litigation, Court Procedure, Estate Litigation, Forms of Relief, Guardianship Applications, Legal Resources, Power of Attorney

Can I Charge My Brother Rent For Living in Dad’s Home?

In many estates, the family home is the most valuable asset. It can also be the most costly to maintain – mortgage payments, utilities, property taxes, and insurance all have to be kept current until the house is sold. Unfortunately, selling the deceased’s house is a lot more complicated when there is someone living in

Estate Administration, Estate Litigation, Forms of Relief, Other Claims & Remedies Against Estates

20 Notable Cases of 2020

It’s that time of year again. Birds are singing, trees are blossoming, and spring is just around the corner. With 2020 fully in the rear-view mirror, now is the perfect time for a review of 20 notable cases decided in that year. (Okay, it’s technically 23 cases, but who’s counting?) The Sherman Estate trilogy: Our

Court Applications to Remove an Executor / Estate Trustee, Court Applications to Vary a Trust, Estate Administration, Estate Litigation, In The News, Probate

A Tale of Two Suicide Notes

2020 was an unusual year. Not only was there a global pandemic, but by sheer coincidence there was not one, but two estates applications in different provinces to determine whether a suicide note was a valid will. While the suicide note in Ontario was not found to be a valid Will, the one in British

Capacity, Capacity Litigation, Court Applications to Interpret a Will or Trust, Estate Litigation, Forms of Relief, In The News, Will Challenges
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